Supreme Court will not hear Accurso’s appeal

MONTREAL — The Supreme Court of Canada has refused to hear an appeal by former construction magnate Tony Accurso, who was hoping to avoid testifying before the Charbonneau Commission into corruption and collusion.

The top court did not comment on its decision Friday to dismiss Accurso's request with costs.

Barring other legal challenges, such as a request to be heard behind closed doors, Accurso is now expected to take the stand at the commission from Sept. 2-5.

Accurso, 62, who faces an array of criminal charges, has been fighting a subpoena to appear before the commission for a year, arguing that the commission's intention was to force him to provide evidence that could be used against him in a trial.

However, the Quebec Superior Court rejected that argument in May and the Court of Appeal upheld its ruling in June. The Superior Court ruled that the constitutional Charter of Rights and Freedoms already guarantees citizens' right not to incriminate themselves.

Accurso, a key figure in Quebec's ongoing corruption scandal, has been mentioned by several witnesses at the commission, which began hearings in May 2012.

He is charged in criminal cases pending in Montreal, Joliette and Laval.

In June 2012, the UPAC anti-corruption squad arrested Accurso along with former Mascouche mayor Richard Marcotte and 15 others for fraud, breach of trust and corruption in connection with the awarding of municipal contracts.

In August 2012, the RCMP filed charges against Accurso and three others for alleged involvement in a multimillion-dollar tax-evasion scheme. Last year, Accurso was charged in a third case involving alleged corruption in Laval.

And in June 2013, Revenue Quebec filed 928 fraud-related charges against Accurso, an associate, and four of his former companies: Simard-Beaudry Construction Inc., Constructions Louisbourg Ltd., Constructions Marton and Louisbourg Simard-Beaudry Construction Inc.

The Charbonneau Commission has said it does not intend to ask Accurso about the charges against him but wants to question him about his relations with construction unions, provincial and municipal politics, and organized crime.

Accurso's lawyer, Louis Belleau, did not return calls to The Gazette.TONY ACCURSO — A TIMELINE OF EVENTS 2012-2014

April 17, 2012: Accurso is arrested for the first time by officers working with Quebec's permanent anti-corruption squad and charged (along with more than a dozen other suspects) with fraud, fraud against the government and breach of trust.

Aug. 9, 2012: Five men, including Accurso, are arrested by the RCMP and charged with fraud, conspiracy and corruption. The RCMP allege the men concocted a 17-point plan, with help from inside Revenue Canada, to defraud the government of more than $3 million.

Oct. 16, 2012: Accurso resigns as president of his various companies, including Constructions Louisbourg Ltd.

May 9, 2013: Accurso is arrested yet again by UPAC, this time along with 36 other suspects with links to Laval — including the city's former mayor, Gilles Vaillancourt. The men are accused of, among other things, fraud and breach of trust.

June 26, 2013: Quebec's tax revenue agency lays 928 charges against Accurso, his associates and the companies he once led. He is accused of falsifying tax returns, forging invoices and claiming false tax credits in his functions as director of four companies.

July 18, 2013: Accurso is subpoenaed for the first time by the Charbonneau Commission.

Aug. 19, 2013: Accurso files an initial motion in Quebec Superior Court, claiming that the provincial government set up the Charbonneau Commission to target him specifically. He cites debates from the National Assembly in which his name was raised, and argues that several police forces and commission investigators are working together to intimidate him into co-operating. He wishes to be exempt from testifying.

Dec. 18, 2013: Accurso's lawyers send out two subpoenas — one to inquiry investigator Robert Pigeon demanding that he appear before the judge hearing Accurso's case (bringing two dozen types of documents with him) and one to Robert Lafrenière, who is head of UPAC. Justice Jean-François Buffoni rejects the subpoenas, but Accurso's legal team quickly decides to appeal.

Feb. 17, 2014: The Quebec Court of Appeal refuses to hear a challenge of Buffoni's decision that said Accurso couldn't call the head of the province's anti-corruption squad to testify about his appearance at the inquiry, nor could Accurso demand witnesses bring documents to court.

April 10, 2014: The Supreme Court of Canada refuses to hear Accurso's challenge of lower court decisions that said he couldn't call the head of the province's anti-corruption squad to testify about Accurso's appearance at the inquiry, nor could he demand that witnesses bring documents to court.

May 1, 2014: Justice Buffoni rejects Accurso's initial, broader motion, which aimed to overturn the commission's subpoena from the previous July. Buffoni concludes that Accurso's testimony will be extremely useful to the inquiry and that he must appear. Again, Accurso's lawyers decide to appeal.

May 8, 2014: Accurso requests that the Charbonneau Commission's legal team hand over a list of subjects he will be interrogated on during his time on the stand. The inquiry obliges, as required by its own regulations, sending a list of broad topics to the former construction boss a week later.

May 30, 2014: The Quebec Court of Appeal refuses to hear Accurso's case. He turns to his last legal resort: the Supreme Court of Canada.

July 9, 2014: Accurso is subpoenaed once again by the inquiry. His lawyers file a request with the Charbonneau Commission requesting copies of, among other things, wiretaps recorded by police that are to be used during his testimony and documents to be entered into evidence during his testimony.

July 23, 2014: The Supreme Court of Canada rules that Accurso will not be granted any reprieve while the country's top court considers whether it should hear his case, claiming it's unnecessary "considering the application for leave to appeal will be processed speedily, on an emergency basis." The decision is expected to come within weeks.

July 29, 2014: The Charbonneau Commission formally rejects Accurso's request to be provided with wiretap evidence and documents in advance of his testimony. The decision can be appealed in front of a Quebec Court judge, but it is unclear if Accurso's lawyers are considering that option.

Aug, 8, 2014: The Supreme Court of Canada rules that it will not hear arguments from Accurso.